Article 1 is to establish a scientific government investment management mechanism, standardize government investment behavior, improve government investment efficiency, and ensure project quality. In accordance with the "Decision of the State Council on the Reform of the Investment System" and relevant laws and regulations, combined with Based on the actual situation of this city, these measures are formulated.
Article 2 The term “government investment” as mentioned in these Measures refers to the investment in fixed assets using the following funds (or assets).
(1) Fiscal budget funds at the same level.
(2) Special subsidy funds from superior departments.
(3) National debt funds.
(4) Government sovereign foreign debt funds such as international financial organizations and foreign government loans.
(5) Funds raised through government credit loans or government commitments to repay.
(6) Other government funds or assets.
Article 3 These Measures shall apply to all construction projects involving government investment in new construction, expansion, reconstruction, maintenance and renovation.
If the state or province has other regulations on projects using government sovereign foreign debt funds such as loans from international financial organizations and foreign governments, as well as special funds from the central and provincial finances, such regulations shall prevail.
Article 4 Government investment is mainly used in economic and social fields where the market cannot effectively allocate resources, including public welfare and public infrastructure, social projects, protecting and improving the ecological environment, and promoting urban and rural coordination. development, and promote the adjustment and optimization of industrial structure and scientific and technological progress.
Article 5 The development and reform department is the government investment department (hereinafter referred to as the investment department) and is responsible for the comprehensive supervision and management of the annual investment plan preparation, investment project approval, and project fund plan issuance of the government at the same level.
The financial department is responsible for the preparation of fund budgets for government investment projects, fund allocation review, government procurement management, supervision of financial activities, etc., and reviews and approves the final (financial) accounts of project completions.
The audit department is responsible for auditing the budget and settlement of construction drawings of government investment projects, tracking and auditing major projects, and auditing and supervising the final accounts upon completion.
The supervision department is responsible for the administrative supervision of government investment projects and the supervision of clean government construction.
The Office of the Special Inspector is responsible for inspecting the entire process of government investment projects.
Planning, land and resources, environmental protection, construction and other relevant functional departments shall manage and supervise government investment projects according to their respective responsibilities.
Article 6 Basic construction procedures for construction projects (implemented in numerical order):
(1) Project establishment (project proposal) review and approval, survey and design bidding plans may be approved at the same time.
(2) Planning and site selection, land use pre-examination, environmental impact assessment, energy conservation assessment and review, as well as relevant review and approval that must be completed according to the project conditions and regulations.
(3) Approval of the feasibility study report and approval of the bidding plan.
(4) Land use approval, project planning permission, detailed survey, preliminary design review, budget estimate review, etc.
(5) Issue project investment plans and invite bidding and procurement in accordance with the law.
(6) Review, signing and filing of the winning contract.
(7) Construction permit and start of construction.
(8) Completion acceptance.
(9) Settlement, final accounts review and fund payment.
(10) Transfer of assets.
Article 7 Government investment projects shall comply with the following provisions:
(1) Comply with national industrial policies, economic and social development plans, urban master plans and special plans, land use plans, and Resource conservation, ecological environment protection and other provisions.
(2) The arrangement of the project's annual investment plan should follow the principle of "living within one's means and comprehensively balancing".
(3) Investment decision-making and project implementation strengthen project life cycle cost control.
(4) Strictly implement the basic construction procedures prescribed by the state in all aspects such as construction approval, construction implementation, and completion acceptance.
(5) Strictly implement the project legal person system, bidding system, contract management filing system, project supervision system, safety production responsibility system, project quality lifelong responsibility system and major project tracking and auditing system.
(6) Strictly control investment costs in accordance with the principle of "estimation controls the budget, budget controls the budget, and budget controls the final account".
(7) For government investment projects that have a significant impact on the economy, society and ecological environment, a publicity system, a hearing system and an expert evaluation system shall be implemented. Article 8 The competent departments of various industries shall prepare project construction plans based on the economic and social development plans, and submit them to the government for approval after review and comprehensive compilation organized by the investment authorities, which shall serve as an important basis for the government's investment decision-making.
Article 9: Establish a government investment project database and implement information-based dynamic management in accordance with the relevant provisions of the "Changsha Project Database Management Measures". Government investment projects shall be included in the project database according to the following procedures:
(1) Each department shall apply to the investment authority for project inclusion in the database according to the project construction plan.
(2) The investment authority shall organize a joint review and approve the entry into the database.
(3) The project number will be determined after the project has been approved and the feasibility study report has been approved.
The project number is a necessary condition for the follow-up procedures and fund allocation of the project.
Article 10 Government Investment Decision-making Procedure:
(1) The financial department shall propose the total scale of available financial resources for government investment in the next year at the beginning of the fourth quarter of each year.
(2) The investment department shall propose a proposed government investment plan for the next year in consultation with relevant departments based on the total financial resources available for government investment in the next year and the priorities of the projects included in the database, and submit it to the government executive meeting for review and approval before making it available to the public. Publicly announced and incorporated into the draft annual plan for national economic and social development.
(3) The investment department shall issue a project investment plan based on the government’s annual investment plan and the completion of preliminary work on the project.
Article 11: In the arrangement of the government's annual investment plan, priority should be given to key projects and people's livelihood projects, priority to continued construction projects, and priority to supporting supporting projects invested by the central and provincial governments.
The government's annual investment plan shall include the following contents:
(1) The total annual investment scale of the government at the same level.
(2) Annual investment plan for engineering construction projects, including project name, project legal person, construction scale and content, construction period, total project investment and funding sources, annual investment scale and funding sources, and continued construction projects Completed investment status.
(3) Preliminary work expenses for the planned government investment project.
(4) Preparatory items to be arranged.
(5) Other circumstances that should be explained.
Article 12 The government’s annual investment plan must be strictly implemented after it is determined. If the government's annual investment projects need to be adjusted, the industry authorities shall report to the investment authorities, and the investment authorities, together with finance and other relevant departments, will propose an adjustment plan and submit it to the government executive meeting or the mayor's office meeting for approval before implementation.
Article 13 Projects applying for inclusion in the government’s annual investment plan must be selected from the government investment project database and must meet the following conditions:
(1) The project feasibility study report has been Approved as required.
(2) The legal person of the project has been determined.
(3) Other sources of funds besides government investment have been implemented.
According to the annual economic and social development goals, projects that need to be included in the government’s annual investment plan but do not fully meet the above-mentioned conditions can be included in the government’s annual investment plan as preliminary projects, and can be officially included in the government’s annual investment plan after the conditions are met. Project financing and construction implementation. Article 14 For government investment projects, the project construction unit shall apply to the investment authority for project approval. The project approval document is the basis for handling subsequent project procedures.
When applying for project approval for major projects, an intermediary agency should also be entrusted to prepare a project proposal and submit it to the investment authority for review and approval. The content and depth must meet the requirements of national standards.
For projects with a government investment of more than 30 million yuan or a project with a direct fiscal allocation of more than 2 million yuan, the investment department shall submit preliminary review opinions to the government for approval and then approve the project.
Article 15 The project construction unit shall apply to the planning, land and resources, environmental protection, development and reform departments for site selection opinions, land use pre-examination opinions, environmental impact assessments, energy conservation assessments and Review and serve as the basis for approval of the feasibility study report.
Article 16 The project construction unit shall entrust an intermediary agency to prepare a project feasibility study report and submit it to the investment authority for approval. The investment authority shall entrust an intermediary agency to conduct an assessment, and, in conjunction with the planning, land and resources, environmental protection, finance and related industry management departments and invite relevant experts, focus on reviewing and demonstrating the construction plan and investment estimate and then issue a reply based on the approval authority; for major projects The construction plan needs to be submitted to the mayor's office meeting for review and determination. For projects that need to be reported to the superior investment department for approval, the municipal investment department will organize a review and submit opinions after review.
Article 17 Investment estimate refers to the total investment of the construction project in the approval of the feasibility study report. The investment estimate includes total costs such as project construction costs, other project construction costs (including land acquisition and demolition costs), reserve costs, and loan interest during the construction period.
Article 18 The planning management department shall issue construction land planning licenses in accordance with procedures based on the project feasibility study report approval document issued by the investment department; the land and resources management department shall based on the project feasibility study report issued by the investment department Approval documents and construction land planning permits are issued, and land red lines are handled for project construction units.
Article 19 The project unit selects the survey and design unit in accordance with the law, and submits the preliminary design to the industry supervisor based on the project feasibility study report approval document, construction land planning permit, land red line, land use certificate and other documents and materials. Department approval.
The preliminary design follows the principle of investment estimation and control of design budget for limit design. Preliminary design approval is not allowed for projects that have not completed feasibility study report approval (or project application report approval).
Article 20 After the project completes the preliminary design review, a design budget estimate report must be prepared and submitted to the budget review department for review. The design estimate refers to all costs incurred in the entire process of the project from preparation to completion acceptance and delivery, including: project construction fees, other project construction fees (including land acquisition and demolition fees approved by the demolition management department), reserve fees and construction period loans Interest etc. If the design estimate exceeds the investment estimate (excluding land acquisition and demolition costs) by 10%, the feasibility study report must be resubmitted for approval or the preliminary design must be modified.
The design budget estimates of government-invested municipal, transportation, and water conservancy projects shall be reviewed by the industry authorities and submitted to the government investment authorities for counter-signature; the design estimates of other government-invested projects shall be reviewed by the government investment authorities.
Article 21 The approved design budget is the maximum limit for project investment and is the basis for the project investment plan issued by the investment authorities. If there is a need to adjust the investment scale or construction standards under special circumstances, it must be reported to the investment authority in conjunction with the industry authorities for review and approval in accordance with procedures.
Article 22 The project construction unit shall entrust the design unit to design the construction drawings in accordance with the law, entrust an intermediary agency to conduct the review, and report it to the competent industry department for filing.
Article 23 The project construction unit shall entrust an intermediary agency to prepare a project budget and submit it to the audit department for review in accordance with the law.
The construction drawing budget shall not exceed the project construction cost in the approved design estimate. Article 24 Government investment projects shall specify the project legal person responsible for the construction, management and operation of the project. Government-invested projects that do not meet the conditions for implementing the project legal person responsibility system shall implement the project management department responsibility system with government approval. The government authorizes the investment management department, the financial department and the project management department to sign a project management responsibility letter.
Article 25 The agency construction system shall be implemented for non-commercial government-invested public welfare projects. For projects that implement the agency construction system, this will be clarified when the project proposal or project feasibility study report is approved. The construction agent shall be selected by the investment department, together with the government investment department and the project administration department, through bidding in accordance with the law. Management measures for the agency system will be formulated separately.
Article 26: For commercial and quasi-commercial infrastructure projects that adopt financing methods such as BOT, TOT, BT, and PPP with the approval of the government executive meeting or the mayor's office meeting, the project legal person bidding system shall be implemented. That is, through public bidding, qualified project legal persons are selected to invest, construct and operate the project.
For projects that are planned to be subject to project legal person bidding, this shall be clarified when the project proposal or project feasibility study report is approved.
Article 27 The survey, design, construction, supervision and procurement of important equipment and materials for government investment projects shall be subject to bidding in accordance with the law; other matters falling within the scope of the government procurement catalog shall be subject to government procurement. All bidding and procurement activities must be conducted at the Changsha Public Resource Trading Center. For projects with a total project investment of more than 100 million yuan, the bidding plan (including division of bid sections, bidding methods, time arrangements, etc.) and the bid evaluation methods and qualification review conditions for a single construction project of more than 20 million yuan must be reported to the municipal government in writing in advance. Approval by the deputy mayor; for major projects with a total project investment of more than 500 million yuan, the bidding announcement, bidding plan (including division of bid sections, bidding method and organizational form, establishment of bid evaluation committee, bid evaluation methods, and basic qualifications of bidders , bidding time arrangement, etc.) must be submitted to the main leaders of the municipal government for approval.
The investment authorities, together with industry authorities and other relevant departments, are responsible for supervising the entire process of bidding for government investment projects.
Article 28 Government investment projects must implement a contract management system. Contracts for survey and design, construction, equipment and material procurement and project supervision, as well as agency construction and project legal person bidding must be signed in accordance with the law. All types of contracts must comply with the Contract Law, Bidding and Bidding Law, Government Procurement Law and related regulations, and must be signed according to the amount determined by bidding and procurement; standard contract texts will be gradually implemented, and standard contract texts will be proposed by industry authorities. It will be implemented after review by the Municipal Government’s Legal Affairs Office. Financing contracts and construction contracts with an amount of more than 5 million yuan that are not signed in accordance with the standard contract text must be reported to the Municipal Government's Legal Affairs Office for legality review before signing.
It is strictly prohibited for any unit to sign a construction contract beyond the estimated (budget) budget or to change or supplement the contract without approval from the competent department.
Article 29: Government-invested projects shall implement a project supervision system. Supervision units shall supervise project construction in accordance with relevant laws, regulations, procedures, engineering design documents, supervision contracts and other project construction contracts.
Article 30 If a government-invested project encounters special circumstances and is not caused by human factors, the construction unit shall propose and provide relevant information. When the project content or quantity changes, the project owner shall The construction unit (or construction agency unit) and the design and supervision unit as well as industry supervisors, investment supervisors, auditing, and financial departments must confirm together.
In the event of an unexpected accident or emergency situation endangering life and property safety, necessary on-site rescue measures can be taken and reported to the project management department at the same time; if additional investment is required, it must be reported to the project management department within 2 working days. The industry authorities and investment authorities shall submit preliminary reports on additional investment, and the investment authorities shall complete relevant approval procedures in accordance with prescribed procedures.
If the scale of investment increases due to other circumstances, the construction party will be responsible for it and the government will not pay.
Article 31 Government investment projects must strictly implement the on-site construction quantity visa system. Only if the project construction is required to undergo engineering changes due to policy adjustments, force majeure factors or unforeseen factors, the project construction unit shall propose a change plan in advance and submit it to the original approval department for review and approval according to the prescribed procedures before engineering changes can be made; in other cases, no engineering changes can be made Engineering changes.
If the scale of investment changes, it must be reported in advance to the investment authority in conjunction with relevant departments for review and approval according to procedures; if it results in an increase in investment, subsequent re-approvals will be invalid.
Article 32: Government-invested projects shall implement a lifelong responsibility system for project quality. Relevant administrative leaders, project legal representatives and relevant responsible persons of survey, design, construction and supervision units of government-invested projects shall be responsible for the quality of the project for life according to their respective responsibilities.
Article 33 The construction period of government investment projects shall be scientifically determined and the construction tasks must be completed within the construction period determined in the winning contract. The completion acceptance and handover system shall be implemented in accordance with the law. The government affairs center shall uniformly organize the investment supervisor and audit , finance and industry supervisors and other relevant departments shall conduct acceptance according to their respective responsibilities.
Article 34: The project construction unit shall submit the project settlement information to the audit department for audit and review within 28 working days after the comprehensive completion acceptance of the government-invested project, and submit the completion settlement review report issued by the audit department and Other relevant information shall be submitted to the financial department within 15 working days for review and approval of the final (financial) accounts upon completion. The audit and finance departments will complete project settlement, completion accounts and other related work within 6 months.
Article 35 The project construction unit shall, within 30 working days after the completion of the financial settlement, register the assets of the company in accordance with the law and include them in the supervision and management of the assets of the company.
Article 36 The project construction unit shall go through the management handover procedures with the maintenance and management department within 3 months after passing the acceptance inspection; if property rights registration is required, property rights registration shall be done in advance. Key government-invested projects are handed over after the financial department has reviewed and approved the final financial accounts upon completion, and are subject to audit by the audit department.
Article 37 Government investment projects shall strictly implement statistics, file management and information reporting systems in accordance with relevant regulations. The implementation status of each link such as project approval, construction, acceptance, and final accounts are entered into the project database management information system for future reference.
Article 38: Government investment projects shall implement a post-project evaluation system. After the trial period for project delivery expires, the investment authority, together with the finance, auditing, and supervision departments, will conduct a post-project evaluation in accordance with relevant national regulations, and report the evaluation conclusion to the people's government at the same level.
Article 39: Qualified government investment projects shall transfer their property rights or equity in accordance with the law after approval by the people's government at the same level, and use the recovered funds for rolling investment.
Article 40 The term “intermediary agency” as mentioned in these Measures refers to an agency that is determined by the relevant departments of the municipal government in accordance with the law, meets relevant qualification requirements, and provides relevant services for government investment projects.
The investment authorities, together with the finance, auditing, industry authorities and other departments, shall establish a library of intermediary agencies for government investment projects in accordance with the law. Intermediaries entrusted by various departments to undertake business related to government investment projects should be selected from the intermediary agency database, except for those that must be determined through public bidding according to law. Specific management measures will be formulated separately. Article 41 The allocation of funds for government investment projects shall be carried out according to the following procedures:
(1) The investment department shall issue a project investment plan based on the government’s annual investment plan, feasibility study report approval and design budget approval, and the financial department shall Departments and government investment companies allocate construction funds based on project investment plan approval documents and project progress. Project construction units (or financing platforms) should implement "dual control" management of government investment project construction funds (except government sovereign foreign debt funds such as international financial organizations and foreign government loans) in accordance with relevant regulations.
(2) Government investment projects shall implement a direct allocation system of funds. For projects using fiscal budget funds, the project construction unit shall go to the Municipal Treasury Centralized Payment Bureau to handle the allocation with the approval document of the project investment plan and relevant documents approving the start of construction, as well as relevant contracts for design, construction, supervision, etc., and an appropriation application signed by the person in charge of the construction unit. Procedures; the Municipal Treasury Centralized Payment Bureau will directly allocate construction funds to design, construction, supervision or equipment supply units after review according to procedures. If government investment takes the form of financial subsidies, the financial department will directly allocate them to the project unit. For projects that use government investment company financing funds, the government investment company will set up corresponding institutions and implement a direct fund allocation system with reference to the fiscal budget fund allocation model. The fund allocation procedures for projects implementing the agency construction system shall be implemented in accordance with the management measures for the agency construction system.
(3) The use of construction funds stipulated in Article 2 (2), (3), (4), (5) and (6) of these Measures must also be based on the government’s annual investment plan and funds Disbursement procedures are managed.
Article 42 When arranging the government’s annual investment plan, special funds for preliminary work shall be coordinated and managed according to the following procedures:
(1) Preliminary work funds refer to project establishment, Expenses incurred in feasibility study, land use approval, survey, preliminary design preparation, review, demonstration, etc. The preliminary work funds of the project are subject to rolling management. After the project completes the preliminary work, the financial department or financing platform will deduct it when arranging the allocation of construction funds.
(2) The project legal person or the project management department shall declare the preliminary work plan of the project to the investment department and be responsible for organizing and implementing the preliminary work of the project.
(3) The investment department shall review and issue the preliminary work plan of the project and enter it into the project database management information system.
(4) The financial department shall allocate preliminary work funds based on the preliminary work plan document issued by the investment department.
(5) After the preliminary work of the project is completed, the investment department shall clarify the preliminary work funds when issuing the project investment plan.
Article 43: Special accounts must be set up for government investment project funds to be accounted for in accordance with the capital construction financial system and accounting system, and special funds must be used strictly in accordance with the requirements of the investment plan approval documents.
Article 44: Reform the management of government investment companies.
(1) Investment companies must be established and operated in accordance with the modern enterprise system and are mainly responsible for the financing, investment, construction, operation and management of construction projects to ensure the safety and efficiency of government investment.
(2) Investment projects arranged by the government and projects arranged by investment companies themselves must be included in the government's annual investment plan management, and be handled by the investment department in accordance with capital construction procedures after a comprehensive balance.
Article 45 The financial department or government investment company shall allocate funds according to the project investment plan and project construction progress. In principle, the cumulative amount of project payment before project completion acceptance shall not exceed 70% of the contract price. Any payment that exceeds the proportion must be reported to the finance department and the audit department for review and approval in advance, but payment beyond the estimate or budget is strictly prohibited; the remaining funds will be settled based on the settlement audit results of the audit department and the completed financial accounts reviewed by the finance department. Article 46: Implement a government investment project management responsibility system for the project authorities. The project management department is responsible for industry supervision of project implementation and timely reporting to the government and relevant departments of problems that arise during project implementation.
Article 47: Implement an inspection system for government investment projects. The Municipal Major Project Inspection Commissioner's Office is responsible for the entire process of inspection of government investment projects in accordance with the "Changsha Major Project Inspection Measures".
Article 48: Administrative supervision agencies are responsible for conducting law enforcement supervision, efficiency supervision, and integrity supervision on the performance of administrative duties of relevant units and departments involved in government investment projects in accordance with the law.
Article 49: Government investment shall implement an information disclosure system.
(1) The government portal website shall establish a column for information on government investment projects and accept the supervision of deputies to the National People’s Congress, members of the CPPCC, news media and all sectors of society.
(2) The investment authorities publish information on the government’s investment control objectives, main control policies, investment status of key industries, and industrial guidance catalogs in the information column, so as to give full play to the guiding role of government investment in the investment of the whole society.
(3) The industry authorities shall disclose in the information column the construction scale and content of the annual government investment projects in the industry, the total investment amount and government fund arrangements, and the information of project construction units, survey and design, construction, supervision and other units. Details such as name, name of responsible person, start and completion time, etc.
(4) The project construction unit shall publish project information in a prominent location on the construction site.
(5) Relevant government departments should publish reporting hotlines and other complaint reporting methods, accept complaints from citizens, legal persons and other organizations, and report illegal activities in the approval and construction implementation of government investment projects. Article 50 The project construction unit referred to in these Measures is the legal entity or government department responsible for organizing project implementation and construction management.
If a project construction unit commits any of the following acts, it shall be ordered to make rectifications within a time limit, record its bad acts in credit files, and publish them in the media; if it causes economic losses, it shall be liable for compensation in accordance with the law; the person in charge of the unit and those directly responsible shall be punished as disciplinary violations ; If it constitutes a crime, criminal liability shall be pursued in accordance with the law:
(1) Failure to perform capital construction procedures.
(2) Raising construction standards, expanding investment scale, and changing construction content without approval.
(3) Failure to organize tendering and bidding in accordance with the law.
(4) Transferring, embezzling or misappropriating construction funds.
(5) Delivery for use without acceptance or unqualified acceptance.
(6) Other behaviors that violate these Measures and relevant laws and regulations.
(1) Approvals or permits for project establishment, environmental assessment, feasibility studies, survey and design, budget estimates, planned land use, etc. in violation of relevant national regulations and capital construction procedures.
(2) Approval that exceeds scale, exceeds standards, exceeds estimates and budgets in violation of the provisions of these Measures.
(3) Interfering with bidding activities.
(4) Allocating funds in violation of the provisions of these Measures.
(5) The conclusion of review or supervision is seriously inaccurate or fraudulent.
(6) Other behaviors that violate these Measures and relevant laws and regulations.
Article 52: Intermediaries and participating units undertaking business related to government investment projects and their employees collude with project units or related parties to conduct illegal operations, and issue results reports or review conclusions that are seriously inaccurate If the quality of the project is poor, the bad behavior will be recorded in the credit file according to the seriousness of the case and announced in the media, or the relevant department shall not entrust it with the relevant business of the government investment project within 5 years; if it causes economic losses, Bear liability for compensation in accordance with the law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 53: If a major quality or production safety accident occurs in a government-invested project, in addition to the legal liability of the participating units, the legal representative of the project construction unit and the person directly responsible, the The administrative responsibilities of the person in charge of the relevant project management department and the person in charge; if a crime is constituted, criminal liability will be pursued in accordance with the law.
Article 54: During the implementation of government investment projects, state agency staff abuse their power, practice favoritism, solicit and accept bribes, neglect their duties, fail to supervise, perform administrative inaction or act indiscriminately, as well as administrative negligence and other dereliction of duty. If dereliction of duty causes heavy losses, the administrative responsibility of the responsible unit leaders and relevant personnel shall be investigated in accordance with the law and disciplines; if it constitutes a crime, criminal responsibility shall be investigated in accordance with the law. Article 55 The management of investment projects by various district and county (city) governments shall comply with these Measures.
Article 56 Other government investment management measures other than these measures shall be formulated separately.
Article 57 These Measures shall come into effect on August 5, 2012.